My son and 3 roommates recently vacated an apartment they had

Resolved Question:

My son and 3 roommates recently vacated an apartment they had leased for 6 months. The landlord has sent them to collections for $1600 to cover painting, lightbulbs and carpet replacement. The carpet was damaged in 2 rooms and we agreed to pay that cost but requested the square footage as we said we would not pay for one room which had no damage. They sent us a bill for carpeting the entire apartment. They are also charging over $600 to repaint the walls. The walls were not damaged, there were a few scuff marks, which was normal wear and tear. We have pictures of the walls, they are in excellent condition. They have charged over $30 for 3 lightbulbs that we do not feel are valid charges. What is our best course of action in responding to the collection agency. We are in Washington state.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

Was there any language in the lease agreeing to pay for painting the unit upon termination of the lease and move-out? Did your son and roommates stay for the entire term of the lease?

I look forward to assisting you as soon as I have received this information. Thank you.

Yes, they stayed the entire time of the lease, gave proper notification of their move out date. We were unable to get the landlord to do a walk-thru with the tenants after 2 separate attempts on the same day. The charges were sent after the apartment was vacated.

In the lease agreement, there is a "wear and tear" schedule with charges for cleaning, painting, etc. It does not state that the tenant is responsible for the charges, just list what they are and the tenants initialed. In the same schedule, it does list that damages to carpets, etc will be charged at 100%. The painting portion says "All painting is charged at a rate of $60 per hour. This charge includes labor and material". There is no mention of lightbulbs anywhere in the lease agreement.

They did also try to charge them $200 for cleaning, but I insisted on a walk-thru with the landlord after that. She was extremely uncooperative, but agreed to take that off the charges since she knew she had refused an in person walk-thru before vacating. Hope this helps.

4. All interior and exterior apartment and window covering cleaning charges are 100% regardless of length of residency.

5. All smoke damage, pet damage and pest service charges are 100% regardless of length of residency.

6. All carpet cleaning must be professionally performed, arranged for by Resident Manager, and are 100% charge regardless of length of residency.

Below that is a revision schedule of charges basically increasing the painting charge to $65 and hour, and showing the hourly rate for carpet cleaning, and other cleaning charges, for the size of apartment (studio, 1 bedroom, etc.)

There is a line below this that says (resident must initial) and they initialed on that line. It seems to me that the painting purposely excludes the word "damage" so as to imply acknowledgement of the charges. This is my point, the apartment did NOT need repainting, there were a few nail holes, scuff marks where the couch was against the wall, and one handprint over the doorway. Normal wear and tear.

I see. Thank you very much for providing this additional information, Sheila. It was very helpful.

This language does not appear to bind the tenant to pay for painting where only normal wear and tear have occurred, so I would typically dispute that charge in writing by certified mail so you have proof the dispute was received by the landlord.

I would also indicate that you have photos of the property upon move-out to show that the carpet was not damaged in the one room so you refuse to pay for that; then request again the amount for the damages you did agree to pay.

The new translucent light bulbs are more expensive, so they could cost close to the amount being charged by the landlord, but if there is no way for the landlord to prove whether those bulbs were out when the property was rented or you do not believe they really needed to be replaced, I would dispute those charges as well.

Depending on the landlord's response, you may also wish to send a written dispute report to your credit reporting agencies. Under federal law, if the credit reporting agencies cannot substantiate the debt, they must remove it within 30 days.

Here is a link to the FTC's website which summarizes your rights and provides a sample dispute letter:

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!Gary B.Edmond, OK

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.
MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. TonyApopka, FL

Ask a Consumer Protection Lawyer

Get a Professional Answer. 100% Satisfaction Guaranteed.

113 Consumer Protection Lawyers are Online Now

Type Your Consumer Protection Law Question Here...

characters left:

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).